DHS and DOL to Add Additional H-2B Visas for Second Half of 2022

The U.S. Department of Homeland Security (DHS) and the Department of Labor (DOL) announced plans to add additional H-2B visas for the second half of the 2022 fiscal year.

The H-2B nonagricultural worker visas allows businesses to hire foreign workers on a temporary, seasonal or intermittent basis.

In an announcement made March 31, the departments said they are filing a join temporary final rule to make an additional 35,000 H-2B visas available. Those visas will be set aside for U.S. employers seeking to employ additional workers on or after April 1 through Sept. 30, 2022. Also expected in the final rule are additional worker protections.

“Informed by current demand in the labor market, today we are announcing the availability of an additional 35,000 H-2B visas that will help to support American businesses and expand legal pathways for workers seeking to come to the United States,” said Secretary Alejandro N. Mayorkas. “Recognizing the importance of strong worker protections, we will apply greater scrutiny to those employers who have a record of violating obligations to their workers and the H-2B program.”

The supplemental H-2B visa allocation consists of 23,500 visas available to returning workers, who received an H-2B visa or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 11,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti, Honduras, Guatemala, and El Salvador.  

“We applaud DHS and DOL for moving to add these additional visas,” said Karen Riordan, president and CEO of Myrtle Beach Area Chamber of Commerce and Convention and Visitors Bureau. “We’ve heard from several businesses about expected workforce shortages ahead of our peak summer season. These visas will provide some needed support allowing our hospitality businesses to continue offering the highest level of service for our visitors.”

Employers seeking to hire H-2B workers must provide certification from the Department of Labor that proves there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work for which they seek a prospective foreign worker, and that employing the H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

In January 2022, the Departments announced the availability of 20,000 additional H-2B visas for the first half of fiscal year 2022. 

DHS and DOL said additional details about how the supplemental allocation will be implemented, including information about additionally worker protections, will be provided when the temporary final rule is released.